Association for Social Justice Research v. Union of India
In the case Association for Social Justice Research v. Union of India, a public interest petition was filed after an 11–12-year-old girl was allegedly married off by her father to a much older man. When the girl was found and medically examined, her age was assessed to be between 16 and 18. She told the Court she had married voluntarily and denied any money was exchanged.
The Court held that under the Prohibition of Child Marriage Act, 2006, a marriage involving a girl under 18 is not automatically void, but the girl has the right to repudiate it upon reaching adulthood. The Court ordered that she remain with her parents until she turned 18, and that the marriage would only be recognized if she chose to validate it at that time. Until then, the husband was prohibited from consummating the marriage or performing any marital rites. The judgment emphasized that a minor girl’s consent is not legally sufficient for marriage and that child marriage has serious human rights implications.
Topics
Geographical location
Keywords
Year
- 2010
External URL
Court
Type
Jurisdiction